New operator MAB must recognise unions

We, the 62 undersigned trade unions, civil society organisations and
groups are shocked that Malaysian government-owned Malaysian Airline
Berhad (MAB), the company that took over Malaysian Airlines, chose to
ignore the application for recognition by the National Union of Flight
Attendants Malaysia (Nufam).

In Malaysia, before a union can
proceed to negotiate and enter into a collective bargaining agreement
(CBA), the employer needs to recognise the said trade union. MAB’s
failure to immediately recognise Nufam reflects badly on Malaysia who
has the duty to respect worker rights especially the freedom of
association, which is also a right enshrined in the Malaysian federal
constitution.

In accordance to the existing law, Nufam applied to MAB for recognition vide a letter dated Sept 11, 2015.

Section
9(3) Industrial Relations Act 1967 states that, ‘...An employer or a
trade union of employers upon whom a claim for recognition has been
served shall, within twenty-one days after the service of the claim -
(a) accord recognition; or (b) if recognition is not accorded, notify
the trade union of workmen concerned in writing the grounds for not
according recognition...’

MAB did not even have the courtesy of
replying to Nufam within the stipulated 21 days, which can be considered
conduct unbecoming especially of a Malaysian government-owned company.

As
required by law, vide letter delivered on Oct 6, 2015, Nufam then
reported the matter in writing to the director-general for Industrial
Relations to take such steps or make such enquiries to ascertain the
“... the competence of the trade union of workmen concerned to represent
any workmen or class of workmen...” in MAB, and to determine “...by way
of secret ballot, the percentage of the workmen or class of workmen, in
respect of whom recognition is being sought, who are members of the
trade union of workmen making the claim.

“The result of the secret
ballot must demonstrate that more than 50 percent of the qualified
employees are for the union, whereby those that never had the
opportunity to vote are taken as being against the union.”

More
than 40 days has lapsed, and the DG for Industrial Relations has not yet
responded to Nufam. Given that many employees are hired as fixed-term
contract employees, speedy efficient action is required by the
authorities. Delay prejudices workers.

Even when unions in
Malaysia are successful in demonstrating that they have the support of
more than 50 percent of all qualified employees in a secret ballot, and
the minister decides that recognition is to be accorded by the employer,
some employers are challenging this decision in court and as a result
rights that come with recognition is put on hold for many years to the
detriment of workers and their union.

When the Malaysian Airlines
was previously operated by Malaysian Airlines Systems Berhad (MAS Bhd),
Nufam succeeded at the secret ballot and the minister decided that Nufam
is recognised by MAS Bhd.

Unfortunately, MAS Bhd commenced a judicial
review action in court challenging the minister’s decision, and this
case is still pending.

Union busting - creating a new legal entity

Private
sector companies have been known to in the past form a new separate
legal entity, and then transfer assets and business from the existing
company to this new entity, thereby killing existing unions - forcing
workers to start all over again to form, register and get recognition of
unions in the new entity. This strategy is also used to get rid of
worker leaders and workers brave enough to fight exploitation.

It
is disappointing that the Malaysian government is using a similar ‘union
busting’ strategy for government owned and/or government-linked
companies (GLCs).

Malaysian Airlines Systems Berhad (MAS Bhd) was
the company running the Malaysian Airlines with about 20,000 employees.
What was done was that MAS Bhd apparently transferred their assets and
the airline business to a newly created separate legal entity, Malaysian
Airlines Berhad (MAB), and terminated about 20,000 MAS Bhd Employees.

MAB,
the new company that took over the Malaysian Airlines, employed new
employees, amongst them some 14,000 ex-MAS Bhd employees. All the
in-house trade unions that existed in MAS Bhd were effectively killed.

Now, MAB is free of trade unions.

Nufam
may be the first union that is seeking recognition from MAB - whereby
recognition is needed to better represent their worker members in MAB
and to enter into a collective bargaining agreement.

Moratorium on all court action involving MAS Bhd

To
make matters worse, Malaysia passed a new law - Malaysian Airline
System Berhad (Administration) Act 2015, which amongst others,
effectively prevented speedy access to justice through the courts. A
moratorium was put in place preventing court actions involving MAS Bhd
from proceedings. When the moratorium is finally lifted, it would likely
be too late. Justice delayed is justice denied.

Malaysian gov’t owns the old and new company

The
Malaysian government, vide its strategic investment fund Khazanah
Nasional, owns both MAS Bhd and this new MAB. Hence, it is the current
Barisan Nasional government under Prime Minister Najib Abdul Razak that
is now possibly guilty of union busting. The denial of speedy
recognition of Nufam and possibly other unions by the new Malaysian
Airline Berhad (MAB) can be said to be anti-worker and anti-trade union
conduct.

Malaysian trade union laws are oppressive and anti-worker.

WE URGE

The Immediate recognition by Malaysian Airline Berhad (MAB), a Malaysian
owned company, of National Union of Flight Attendants Malaysia (Nufam);

The Malaysian government to ensure that all government owned and/or
government-linked companies(GLCs) set the highest standards when it
comes to respecting worker and trade union rights in Malaysia;

That Malaysia immediately ratifies ILO Convention No 87 Freedom of
Association and Protection of the Right to Organise Convention, 1948,
which is one of eight fundamental core conventions;

That Malaysia immediately amend and/or repeal trade union laws that are
not compliant with international standards especially freedom of
association.

For and on behalf the 62 organisations, trade unions and groups listed below

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